Guardian Legal Network + United Nations | The Guardianhttps://www.theguardian.com/law/series/guardian-legal-network+world/unitednations
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What is the international criminal court's legacy? | Alison Colehttps://www.theguardian.com/law/2012/jul/16/legacy-international-criminal-court
The question must not be avoided. The ICC must act on its obligations around the concept of complementarity<p>This international justice day marks several prominent events. The international criminal court (ICC) has now completed its <a href="http://www.theguardian.com/law/2012/jul/02/international-criminal-court-support" title="">first decade</a> of operations. Last month, the <a href="http://www.theguardian.com/law/2012/jun/14/fatou-bensouda-international-criminal-court" title="">new prosecutor commenced</a> her nine year term. Last week, the court delivered its first <a href="http://www.theguardian.com/law/2012/jul/10/icc-sentences-thomas-lubanga-14-years" title="">sentencing judgment</a>. At this juncture, there is much cause for retrospection to uncover lessons learned and best practices. But the big question yet to be addressed by the court is: what is the impact of these efforts, or in other words, what is the ICC's legacy?</p><p>Legacy is a concept that has been applied to previous international tribunals. Its exact definition is debated but generally it encompasses the notion that an international court ought to have a lasting impact beyond the litigation of specific atrocity cases. Beyond this generalisation, there are two contrasting visions of what legacy means.</p> <a href="https://www.theguardian.com/law/2012/jul/16/legacy-international-criminal-court">Continue reading...</a>International criminal courtInternational criminal justiceLawUnited NationsWorld newsMon, 16 Jul 2012 17:24:58 GMThttp://www.theguardian.com/law/2012/jul/16/legacy-international-criminal-courtPhotograph: Robin Utrecht/EPAThe ICC has now completed its first decade of operations. What is the impact of these efforts? Photograph: Robin Utrecht/EPAPhotograph: Robin Utrecht/EPAThe ICC has now completed its first decade of operations. What is the impact of these efforts? Photograph: Robin Utrecht/EPAAlison Cole for Open Society Voices, part of the Guardian Legal Network2012-07-16T17:24:58ZThree principles to kickstart UN discussion on the rule of law | James A Goldstonhttps://www.theguardian.com/law/2012/jan/27/united-nations-rule-of-law
When the UN convenes a discussion on the rule of law, they would should restate some common sense principles<p>This September the United Nations secretary general will convene what is called, in UN parlance, a "high level segment" of the general assembly to discuss "<a href="http://www.un.org/apps/news/story.asp?NewsID=40978&amp;Cr=rule+of+law">the rule of law at the national and international levels</a>". What does that mean? It's not entirely clear. Nor is that surprising.</p><p>While "justice" is a series of aspirations for a better world, and "human rights" consists of internationally agreed and/or legally binding restraints on state power, "the rule of law" falls somewhere in between.</p><p>The term rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.</p> <a href="https://www.theguardian.com/law/2012/jan/27/united-nations-rule-of-law">Continue reading...</a>LawUnited NationsWorld newsInternational criminal justiceBaltasar GarzónFri, 27 Jan 2012 17:44:00 GMThttp://www.theguardian.com/law/2012/jan/27/united-nations-rule-of-lawPhotograph: Pedro Armestre/AFP/Getty ImagesThe case of Spanish judge Baltasar Garzon in court highlights the politicisation of law Photograph: Pedro Armestre/AFP/Getty ImagesPhotograph: Pedro Armestre/AFP/Getty ImagesThe case of Spanish judge Baltasar Garzon in court highlights the politicisation of law Photograph: Pedro Armestre/AFP/Getty ImagesJames A Goldston for the Open Society Blog, part of the Guardian Legal Network2012-01-27T17:44:00ZIs internet access a human right? | Adam Wagnerhttps://www.theguardian.com/law/2012/jan/11/is-internet-access-a-human-right
As family life migrates online and the web becomes the home of free expression, it's getting harder for courts to prevent individuals going online<p>A recent <a href="http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf" title="">United Nations Human Rights Council report</a> examined the important question of whether internet access is a human right.</p><p>While the Special Rapporteur's conclusions are nuanced in respect of blocking sites or providing limited access, he is clear that restricting access completely will always be a breach of article 19 of the <a href="http://www2.ohchr.org/english/law/ccpr.htm" title="">International Covenant on Civil and Political Rights</a>, the right to freedom of expression.</p> <a href="https://www.theguardian.com/law/2012/jan/11/is-internet-access-a-human-right">Continue reading...</a>Human rightsControl ordersLawInternetTechnologyFreedom of speechWorld newsGoogleUnited NationsCourt of appealWed, 11 Jan 2012 14:06:26 GMThttp://www.theguardian.com/law/2012/jan/11/is-internet-access-a-human-rightPhotograph: Frank Baron/GuardianVint Cerf is widely acclaimed as the 'father of the internet'. Photograph: Frank Baron for the GuardianPhotograph: Frank Baron/GuardianVint Cerf is widely acclaimed as the 'father of the internet'. Photograph: Frank Baron for the GuardianAdam Wagner for the UK Human Rights blog, part of the Guardian Legal Network2012-01-11T14:06:26ZUN should establish a global fund for justice | James A Goldstonhttps://www.theguardian.com/law/2011/nov/16/un-establish-global-fund-for-justice
The ICC may be here to stay, but more than words are needed to protect our growing system of international law<p>In September, Kenya's TV stations replaced their afternoon fare of wall-to-wall soap operas with something new - coverage of <a href="http://www.icckenya.org/" title="">pretrial hearings at the international criminal court</a> (ICC), involving six leading Kenyans <a href="http://www.theguardian.com/global-development/2011/sep/01/icc-kenya-election-violence" title="">accused of orchestrating brutal communal violence</a> after the elections of 2007.</p><p>Thousands watched as ICC prosecutors in The Netherlands questioned the accused - including a <a href="http://www.theguardian.com/world/2011/sep/29/kenya-deputy-pm-denies-ethnic-attacks" title="">deputy prime minister</a>, the head of the civil service and a former national police chief. Whatever the outcome - and there have surely been some missteps - the ICC cases are providing Kenyans with the fullest public examination yet of what happened. To date, they are the only serious attempt to prosecute those responsible.</p> <a href="https://www.theguardian.com/law/2011/nov/16/un-establish-global-fund-for-justice">Continue reading...</a>International criminal justiceInternational criminal courtLawUnited NationsWorld newsBan Ki-moonWed, 16 Nov 2011 15:41:15 GMThttp://www.theguardian.com/law/2011/nov/16/un-establish-global-fund-for-justicePhotograph: Joshua Lott/REUTERSUN should give funds to address breaches of international humanitarian and human rights law Photograph: Joshua Lott/REUTERSPhotograph: Joshua Lott/REUTERSUN should give funds to address breaches of international humanitarian and human rights law Photograph: Joshua Lott/REUTERSJames A Goldston for the Open Society Blog, part of the Guardian Legal Network2011-11-16T15:41:15ZThe European court of justice must clarify position on terrorist sanctions regime | Cian Murphyhttps://www.theguardian.com/law/2010/dec/15/terrorism-terrorism
The judgment in the Fahas case highlights diverging opinions within the general court on the classification of the sanctions regime<p>Last week the EU general court handed down its judgment in <a href="http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007A0049:EN:HTML">Fahas v Council</a>: yet another decision related to targeted sanctions against individuals. The case concerned the EU's domestic list of individuals suspected of terrorism which implements Member State obligations under <a href="http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N01/557/43/PDF/N0155743.pdf?OpenElement">UN security council resolution 1373</a>.</p><p>Mr Sofiane Fahas, an Algerian resident in Germany, has been listed since 12 December 2002 on suspicion of involvement with the "Al Takfir and Al-Hira" group, a dissident group in Algeria. A warrant for his arrest was issued in Italy in 9 October 2000 – this warrant was the reason for his initial listing. In 2008 he was charged with four offences before Italian courts, three of which related to terrorism. Mr Fahas sought a declaration from the general court directing the council not to relist his unless a "final judicial decision" proved his involvement in terrorist activities and financial compensation for the harm caused to him and his wife. The first claim was inadmissible as the general court does not possess the power to direct the EU institutions as Mr Fahas sought. Nevertheless the question as to the lawfulness of his continued listing remained.</p><p>The council's decision, which is the result of, inter alia, the decision of a competent national authority, does not constitute a finding that a criminal offence has in fact been committed by is adopted within the framework and for the purpose of an administrative procedure which has a precautionary function and the sole purpose of which is to enable the council to combat the funding of terrorism in an effective manner.</p> <a href="https://www.theguardian.com/law/2010/dec/15/terrorism-terrorism">Continue reading...</a>Counter-terrorism policyWorld newsHuman rightsUnited NationsLawCourt of justice of the European UnionWed, 15 Dec 2010 18:18:22 GMThttp://www.theguardian.com/law/2010/dec/15/terrorism-terrorismPhotograph: PRThe EU general court's judgment in Fahas v Council is yet another decision related to targeted sanctions against individualsPhotograph: PRThe EU general court's judgment in Fahas v Council is yet another decision related to targeted sanctions against individualsCian Murphy on the Human Rights in Ireland blog, part of the Guardian Legal Network2010-12-15T18:18:22ZUN asset-freezing scheme represents an 'atrocious lack' of due processhttps://www.theguardian.com/law/2010/aug/25/un-security-council-asset-freezing
Without any recourse to challenge the evidence, the future remains bleak for people and entities listed under the UN's draconian anti-terrorism regime, writes Cian Murphy<p>The list of individuals subject to asset-freezing sanctions under international law (<a href="http://www.un.org/Docs/sc/committees/1267/1267ResEng.htm" title="">UN security council resolution 1267</a> and its successors) and EU law (<a href="http://eur-lex.europa.eu/Notice.do?val=273722:cs&amp;lang=en&amp;list=465245:cs,273722:cs,&amp;pos=2&amp;page=1&amp;nbl=2&amp;pgs=10&amp;hwords=&amp;checktexte=checkbox&amp;visu=#texte" title="">Regulation 881/2002</a>) has received much attention on the <a href="http://www.humanrights.ie/index.php/2010/07/12/criminalising-support-for-terrorists-in-eu-us-law)" title="">Human Rights in Ireland blog</a>.</p><p>Despite a stream of cases before the European and UK courts, the regime continues to operate, requiring all states to freeze the assets of individuals listed by the security council, based on intelligence from national law enforcement authorities.</p> <a href="https://www.theguardian.com/law/2010/aug/25/un-security-council-asset-freezing">Continue reading...</a>LawWorld newsHuman rightsUK newsUnited NationsUK security and counter-terrorismWed, 25 Aug 2010 14:59:14 GMThttp://www.theguardian.com/law/2010/aug/25/un-security-council-asset-freezingPhotograph: Spencer Platt/Getty ImagesThe UN security council operates a draconian regime for asset freezing people and entities suspected of terrorism, with little scope for those listed to challenge their inclusion Photograph: Spencer Platt/Getty ImagesPhotograph: Spencer Platt/Getty ImagesThe UN security council operates a draconian regime for asset freezing people and entities suspected of terrorism, with little scope for those listed to challenge their inclusion Photograph: Spencer Platt/Getty ImagesCian Murphy for the Human Rights in Ireland blog2010-08-25T14:59:14Z